Trustees to be removed for other reasons: Names of Trustees Reason for removal Note: Where a trustee is to be removed for other reasons, the Court requires an applicant to notify the trustee of the application for removal and the time, date, and place of the hearing, unless good reason can be shown for not doing so.
Documents/Forms/MLC-Form-38-Application-to-add-reduce-replace-or-remove-trustees-202104.pdf (204 kb)
Apply online Download the application form Download the trustee consent form Te whakawātea i tētahi kaitiaki (utu tāpae $66) Remove a trustee (filing fee $66) Trustees can be removed for a variety of reasons.
Use this form to indicate that you consent to be appointed as a trustee for any trust involving the jurisdiction of the Māori Land Court.
Documents/Forms/MLC-Document-B1-Consent-trustee.pdf (202 kb)
The trustee duties are a set of general and specific obligations that both the law and the terms of this order impose on the trustees. 3.2 If a trustee fails to comply with and perform his or her trustee duties satisfactorily he or she may be removed from his or her position as a trustee. 3.3 A breach of trust occurs where a Trustee acts contrary to or does not act consistently with a trus...
Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)
Usually, an application for a trustee’s removal is filed by the trustees or the beneficiaries.
Documents/Guides-Templates-Factsheets/MOJ0217.4E-OCT21-Maori-Reservations.pdf (348 kb)
Legislative changes affecting trusts Effective from Waitangi Day, 6 February 2021 Updated provisions for removing a trustee The Act now allows for the Māori Land Court to remove a trustee if it is satisfied that they have lost the capacity to perform their functions as a trustee, or that their removal is desirable for the proper execution of the trust (for example because they repeatedly refuse or fail to act as a trus...
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
Usually, an application for a trustee’s removal is filed by the trustees or the beneficiaries.
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
The trustee duties are a set of general and specific obligations that both the law and the terms of this Order impose on the Trustees. 3.2 Failure of a Trustee to comply with and perform his or her trustee duties satisfactorily may lead to a Trustee being removed from his or her position as a Trustee. 3.3 A breach of trust occurs where a Trustee acts contrary to, or fails to act consis...
Where one or more of the trustees are unable or refuse to sign the mortgage documents, the remaining trustees can apply to the Court: (a) To seek directions; (b) To remove any trustees who have passed away or resigned; (c) To remove a trustee for cause for refusing to implement the majority decision; or (d) To approve the mortgage documents being signed by a majority of trustees only per s 227(3) and 237 of the A...
Ngā puka taupānga me te puka Tarahiti Succession and Trust application forms Form 20: Certificate by administrator Rule 10.2(3), Sections 111 or 113 (PDF 263 kb) Form 21: Succession (grant of administration) Rule 10.2(2)(a), Sections 113 and 117 (PDF 617 kb) Form 22: Succession (no grant of administration) Rule 10.2(1),(2), Sections 113 and 118 (PDF 392 kb) Form 23: Application for whānau trust (with succession...
